Gordon+v.+Oak+Park+School+Dist

Gordon et al v. Oak Park School District November 7, 1974 Illinois Appellate Court

__ Background __ From September 1961 to June 1964, Gregory, David, and Tobey Lynn Gordon attended Emerson School of Oak Park, Illinois. In 1966, the children filed suit against the school district claiming that their teachers verbally and physically abused and harassed them. In 1972, after two failed attempts, the children revised their complaint with details of the cruelty they experienced, in their opinion, because they were Jewish. __ Decision and Rationale __ The court granted a summary judgment in favor of the defendant due to lack of substantiating documentation of deliberate and merciless treatment of the children. The physical abuse could be proven to be no more than corporal punishment for misbehavior, which teachers were authorized to dispense in the absence of parents. One of the children recanted a portion of his statement during the appeals process. Finally, school records reflect concern for the children rather than malice, contradictory to the plaintiffs’ statements. __ Implications __ Teachers have to be diligent in documenting disciplinary actions and the reasons for such to protect themselves and the school from resentful students. Otherwise, circumstantial evidence could indicate that the teacher is in the wrong in some way no matter what they do. __Quiz Question__ Essay: In what ways can documentation protect the teacher or school? How can it help a student?

Reviewed independently by Eileen Boyd